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Under what circumstances is an internet service provider obliged to divulge personal information to a third party?
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This may help but it doesn't explain the detail regarding circumstances, just the general principles
This may help but it doesn't explain the detail regarding circumstances, just the general principles
Apologies, there already seems to be a similar question: http://
Though perhaps my question is slightly different. The third party is not a government authority, by someone in the EU threatening legal action over a claim I dispute. Part of the threat is that they will demand personal details from my internet service provider. So my question concerns under which circumstances the ISP is legally obliged to divulge such personal information.
Interestingly the third party has not threatened to approach my credit card company, presumably because the ISP is viewed as a softer target?
Though perhaps my question is slightly different. The third party is not a government authority, by someone in the EU threatening legal action over a claim I dispute. Part of the threat is that they will demand personal details from my internet service provider. So my question concerns under which circumstances the ISP is legally obliged to divulge such personal information.
Interestingly the third party has not threatened to approach my credit card company, presumably because the ISP is viewed as a softer target?
Thanks factor30. I think that they'd have a hard time persuading one of the designated bodies. It's a civil matter and well within the realms of the small claims court.
My other concern is how soft ISP's are when it comes to the mere threat of legal action. Does anyone know of cases in which ISP's have divulged personal information to a third party when approached with such a threat?
My other concern is how soft ISP's are when it comes to the mere threat of legal action. Does anyone know of cases in which ISP's have divulged personal information to a third party when approached with such a threat?
Indeed. They do not have any contact details, except for my email and an IP address, which they can presumably use to track back to an ISP.
So far our dispute has been conducted via email, and indeed it may be a scam, so they need to write to me directly. As they don't have my contact details they are threatening to submit a court order to force the ISP to divulge my personal information. Of course, they also have my credit card details but have not threatened to approach my credit card company presumably because that would not work.
I've also contacted my ISP for their position, but they have yet to respond.
My understanding is that as this is a civil, not criminal matter, and does not involve copyright infringement then they are not legally obliged to provide my details. Further, under the DPA they are legally obliged to protect my information.
So far our dispute has been conducted via email, and indeed it may be a scam, so they need to write to me directly. As they don't have my contact details they are threatening to submit a court order to force the ISP to divulge my personal information. Of course, they also have my credit card details but have not threatened to approach my credit card company presumably because that would not work.
I've also contacted my ISP for their position, but they have yet to respond.
My understanding is that as this is a civil, not criminal matter, and does not involve copyright infringement then they are not legally obliged to provide my details. Further, under the DPA they are legally obliged to protect my information.
No, I don't think so. I cancelled a continuous payment authority directly with my credit card company. This is within my rights and something I do regularly when a subscription service has a labyrinthine process for unsubscribing. They are claiming that I still owe them a relatively small amount of money (~£200). I am disputing this claim.
I found this statement from the Financial Services Authority "In most cases, regular payments can be cancelled by telling the company taking the payments. However, you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments. Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments."
The third party is claiming that I was required to inform them of the cancellation. I am claiming that, given the statement from the FSA, I did not have to do so. This is not fraud but a disputed payment claim suitable for arbitration taken through the small claims court.
My other concern is that this could be a scam and the information they have could have been gained fraudulently. So I'm not going to just give them my details.
But this is going off-topic a bit.
The third party is claiming that I was required to inform them of the cancellation. I am claiming that, given the statement from the FSA, I did not have to do so. This is not fraud but a disputed payment claim suitable for arbitration taken through the small claims court.
My other concern is that this could be a scam and the information they have could have been gained fraudulently. So I'm not going to just give them my details.
But this is going off-topic a bit.
That's not really relevant to my original question.
But essentially I have received an unsolicited email from an unknown source that is demanding money. The source /claims/ to represent the subscription service, but the information they have could well have been gained fraudulently (say from an inside source). Further, the method they are requesting for payment would give them sensitive information, in particular my bank account details.
However, all this is beside the point. They are threatening to take legal action against my ISP to force them to divulge my contact information. Can they do this?
But essentially I have received an unsolicited email from an unknown source that is demanding money. The source /claims/ to represent the subscription service, but the information they have could well have been gained fraudulently (say from an inside source). Further, the method they are requesting for payment would give them sensitive information, in particular my bank account details.
However, all this is beside the point. They are threatening to take legal action against my ISP to force them to divulge my contact information. Can they do this?
If you think it is a scam. Cancel your credit card/request a new one.
Ask them to explain in detail why they think you owe them (ie payment period you had the service to/product upto a particular period).
Say Fred Bloggs lived in England and was paying to watch Dutch Ice Hockey. You paid a subscription to them, had the service then cancelled the payment. You then continued to receive the service for three months. I don't see why your ISP would give your details to anyone aside from the authorities. I do know that companies can be forced to give private info on people as part of a legal dispute.
''The third party is claiming that I was required to inform them of the cancellation''.
Do you have a contract?
''I have received an unsolicited email from an unknown source that is demanding money''.
Have you checked out the unknown source do they exist?
Why would they pass things onto another company that quickly?
Did you have an email from the subscription company?/Have you emailed them?
My initial thoughts are a scam. For me it would depend how much info they have given in their email, something only the subscription company would know.
If it were me, I would reply and tell them you don't deal with third parties and will be speaking to the subscription company direct.
Ask them to explain in detail why they think you owe them (ie payment period you had the service to/product upto a particular period).
Say Fred Bloggs lived in England and was paying to watch Dutch Ice Hockey. You paid a subscription to them, had the service then cancelled the payment. You then continued to receive the service for three months. I don't see why your ISP would give your details to anyone aside from the authorities. I do know that companies can be forced to give private info on people as part of a legal dispute.
''The third party is claiming that I was required to inform them of the cancellation''.
Do you have a contract?
''I have received an unsolicited email from an unknown source that is demanding money''.
Have you checked out the unknown source do they exist?
Why would they pass things onto another company that quickly?
Did you have an email from the subscription company?/Have you emailed them?
My initial thoughts are a scam. For me it would depend how much info they have given in their email, something only the subscription company would know.
If it were me, I would reply and tell them you don't deal with third parties and will be speaking to the subscription company direct.
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